Change to background checks advanced

A bill that would bring Nebraska into compliance with federal regulations regarding background checks for certain employees advanced from general file March 4.

LB728, introduced by Scottsbluff Sen. John Harms, would remove a requirement for a finger printing, national criminal history record check of all employees who work directly with developmental disabilities clients who are employed by contracted providers.

Harms said Nebraska’s policy of having third-party contractors access the FBI database for background checks violates the 1974 Federal Privacy Act. He said the Nebraska State Patrol has been informed that it may lose access to the database if state law is not changed.

“Unfortunately, our state law is in conflict with federal law in this instance,” Harms said.

Harms offered an amendment, adopted 33-0, which replaced the bill. Under the amended bill, employees of state-operated services and facilities still would be required to undergo an FBI Fingerprint National Criminal Background Check. Employees of the state Department of Health and Human Services (DHHS) who work directly with developmental disabilities clients would provide a complete set of legible fingerprints to the department. A copy would be transmitted by DHHS to the Nebraska State Patrol, which would then transmit a copy to the FBI’s Identification Division for a national criminal history record check.

The Nebraska State Patrol would be required to undertake a criminal history record search for each state employee and issue a report to the department. Any criminal history record information subject to federal confidentiality requirements would remain confidential except upon written authorization of the employee.

Harms said background checks for third-party contractor employees still would be paid for by DHHS, which would coordinate background checks with an alternative provider.

Lincoln Sen. Colby Coash offered an amendment, adopted 31-0, which added an emergency clause to the bill. He said the Nebraska State Patrol currently has a backlog of background checks for potential employees of third-party contractors, which it stopped conducting in anticipation of LB728’s passage.

“We need to get this into practice as soon as possible,” Coash said.

Senators advanced LB728 to select file 36-0.